You have an invention or
an idea for an invention. The first people you may hear about - or even may
contact you - are from an invention development
company. They advertise on
radio and TV, and in magazines that cater to the inventive mind - and even some
newspapers.
Invention development
companies are private and public research companies that purport to help
inventors develop, patent, and promote their ideas so they can be commercially
licensed or sold. While many of these organizations are legitimate, some are
not.
I state my stand on the
use of such companies on my website - www.gadgets-gizmos-inventions,com. But,
you may want to go that way anyway to develop your patent or invention. If
that’s the case, here are seven helpful tips for you to make smart patent and
invention development decisions:
?When you understand the
basics of how to get a patent, you will know when invention marketers are
making promises they, or the patent system, can't deliver. Knowing the steps to
do a patent search, and what is required, as well as knowing what happens in
the patenting process can only help you in making the right decision. You will
have a better idea about whether the company you are talking to knows what they
are doing for you - and not just their pocketbook.??2. Do Your Homework.
?Check the
organization's references, ask for credentials, and then check them. Ask them
for statistics on how many successes they have had compared to how many total
clients. They are required by law to offer you this type of information. In
fact, the American Inventors Protection Act of 1999 gives you the following rights
when dealing with invention promoters.
Before an invention
promoter can enter into a contract with you, it must disclose the following
information about its business practices during the past five years:
• how
many inventions it has evaluated,
• how
many of those inventions got positive or negative evaluations,
• its
total number of customers,
• how
many of those customers received a net profit from the promoter's services, and
• how
many of those customers have licensed their inventions due to the promoter's
services.
This information can
help you determine whether the promoter has been selective in deciding which
inventions it promotes, and how successful the promoter has been. Ask for names
of “successful” clients, and talk to them.
Invention promoters also
must give you the names and addresses of all invention promotion companies they
have been affiliated with over the past 10 years.
This information can
help to determine whether the company you're considering doing business with
has been subject to complaints or legal action.
You can call the U.S.
Patent and Trademark Office (USPTO) at 1-866-767-3848, and the Better Business
Bureau, the consumer protection agency, and the Attorney General in your state
or city, and in the state or city where the company is headquartered to check
them out.??3. Be Realistic.
?Not every invention is
patentable. Know that very few ideas - even the good ones - become commercially
successful. Be wary of any developer willing to promote virtually any
invention. If you are presented with the phrase - "We think your idea has
great market potential" - beware, and take it for what it is - in a lot of
cases, just a sales pitch. ??4. Know Where Your Money Is Going.
?Ask the organization
how your money will be spent. Be on guard against large up-front fees and find
out exactly how the money is spent. If the company gives you something like -
"Our company has evaluated your idea, and now wants to prepare a more
in-depth research report. It'll be several hundred dollars" - ask them if
the idea is good enough for more research why don’t they foot the bill. ??5.
Protect Your Rights.
DO NOT disclose your
invention to a developer over the phone (or at any time) before first having
them sign a confidentiality agreement. You could forfeit valuable patent
rights. A sample confidentiality agreement is available on my website. ??6.
Track Your Invention's Progress.
?If you decide to use an
invention development organization, deal directly with the agent or patent
attorney who will be handling your patent application. A lot of these type of
firms outsource the work which is not good for you.
Many invention promotion
firms also may claim to perform patent searches on your idea. Fraudulent
invention promotion firms usually do patent searches that are are incomplete,
conducted in the wrong category, or unaccompanied by a legal opinion on the
results of the search from a registered patent attorney.
Because unscrupulous
firms promote virtually any idea or invention without regard to its
patentability - they may go ahead and market an idea for which someone already
has a valid, unexpired patent. In that case, you may be the one subjected to a
patent infringement lawsuit - even if the promotional efforts on your invention
are successful. Most probably, the way the infringement suit is attracted is
through a successful product.??7. Don't Get Discouraged! ??The patent process
can be very complicated, so you will probably need professional help. There are
many good patent agents and attorneys that can help you. The U.S. Patent and
Trademark Office maintains a nationwide register of attorneys and agents who
meet the legal, scientific and technical requirements of the office.
The first step should be
a patent search done by a reputable searcher. Your patent attorney can help with this, and should review the
search for a package price, depending on the complexity of the invention.
Hang in there. It is a
long and complicated process. But if your idea passes the initial search test and
evaluation, there is a good chance you can receive a patent - in two or so
years.
Source: Articlecity.com
